Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were invited to declare, at this point in the meeting, any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests that they might have in the business on the agenda. None were declared.

To approve and sign the minutes of the Area Planning Sub-Committee meetings held on 30 November 2017 and 11 January 2018.

Resolved: 

                                     i.        That the minutes of the Area Planning Sub-Committee meetings held on 30 November 2017 be approved and then signed by the Chair as a correct record subject to the following amendments:

Final paragraph of minute 21 to change to: ‘Councillor Flinders stated that, having consulted with Officers, he did not have a prejudicial interest in items 3d and e (Rowntree Wharf, Navigation Road).’

Penultimate paragraph of Minute 23c change ‘couldn’t be’ to ‘could be’ so that it reads ‘Other members expressed sympathy with the concerns of residents but did not accept that the application could be turned down on grounds of parking, acknowledging that a family house could lead to same number of cars as an HMO....’

                                    ii.        That the minutes of the Area Planning Sub-Committee meeting held on 11 January 2018 be approved and then signed by the Chair as a correct record.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Sub-Committee’s remit can do so. Anyone who wishes to register or requires further information is requested to contact the Democracy Officers on the contact details listed at the foot of this agenda. The deadline for registering is 5.00pm on Tuesday 6 February 2018 .

Filming, Recording or Webcasting Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers who have given their permission.  The broadcast can be viewed at http://www.york.gov.uk/webcasts  or, if sound recorded, this will be uploaded onto the Council’s website following the meeting.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officers (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

It was reported that there had been no registrations to speak under the Council’s Public Participation Scheme on general issues within the remit of the Sub-Committee.

To determine the following planning applications:

Members considered a schedule of reports of the Assistant Director, Planning and Public Protection, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.

Variation of conditions 2, 5 and 11 and removal of condition 4 of permitted application 15/01473/FUL to add an extra room at basement level, include cycle parking, increase height of dwelling,  alter design and distribution of windows and include an electric vehicle recharging socket. [Rural West York Ward] [Site Visit]

Members considered a variation of conditions 2, 5 and 11 and removal of condition 4 of permitted application 15/01473/FUL by Mr Ray Leadley-Yoward at 3 The Dell, Skelton, to add an extra room at basement level, include cycle parking, increase the height of the dwelling, alter the design and distribution of windows and include an electric vehicle recharging socket.

Officers provided an update which reported that the applicant had submitted a revised site layout plan (L/71-PL-06P) which presented a more accurate reflection of the development as built. This replaced drawing L/71-PL-06N. The main changes to the revised site layout plan were to the locations of the cycle store, recharging point and vehicular hardstanding. 

Members were advised that the applicant had been in discussion with the City of York Council (CYC) Land Contamination Officer on the actions to be undertaken in order to fulfil the contaminated land planning conditions. Members were advised that should planning permission be granted, that an additional condition of approval  be added in relation to investigation and remediation of land contamination.

Linda Mansell, Parish Councillor, spoke in objection to the application. Members were provided with a Statement in respect of the Variation to Planning Consent 15/01473/FUL by Adrian Mansell which she referred to whilst addressing Members. She suggested that the reasons given for resubmission were invalid and she cited the overdevelopment of the plot, the building and materials being out of character for the area and the gates being too large as reasons for objection to the application.

David Wright, a local resident, addressed the committee in objection to the application. He noted that the approval would set a precedent for future buildings in the area, that the builders had not followed the planning permission granted. He also noted his objection on the basis of the increased height of the building.

In response to Member questions, officer clarified that difference to the previously approved application was

·        An increase to the height of the dwelling by 360mm

·        An extra room at basement level

·        The inclusion of cycle parking

·        An alteration to the design and distribution of windows

The inclusion of an electric vehicle recharging socket

Officers were further asked and advised that:

·        The height of the gates was comparable to the height of the gates at no.3.

·        The discrepancies in the building had come to Planning Officers’ attention by neighbours

·        The design samples of the cladding submitted were deemed by the Planning Officer as being acceptable.

During discussion, a number of Members expressed concern that the applicant was seeking retrospective approval of changes already made in contravention to the approved application.

Cllr Gillies then moved and Cllr Shepherd seconded a motion to refuse the application. On being put to the vote, the motion was lost.

Cllr Flinders then moved and Cllr Crawshaw seconded the Officer recommendation for approval subject to the conditions listed in the report, amendment to revised site layout plan L/71-PL-06P [to replace site layout plan L/71-PL-06N] and  additional condition in relation to  ...  view the full minutes text for item 32a

This report (presented to both Planning Committee and the Area Planning Sub Committee) informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 October and 31 December 2017, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals at date of writing is also included. 

Members considered a report which informed them of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 October and 31 December 2017  and summarised salient points from those appeals.

Summaries of the appeals determined were attached at Annex A to the report.  Of the 10 determined, 4 had been allowed. Appeals that currently remained outstanding were listed in Annex B.  Excluding tree-related appeals, these numbered 18.

Resolved:  That the content of the report and annexes be noted.

Reason:     To confirm that Members are informed of the current position in relation to planning appeals against the Council’s decisions, as determined by the Planning Inspectorate.

The purpose of this report is to provide Members with a continuing quarterly update on planning enforcement cases. 

Members considered a report providing them with a continuing quarterly update on planning enforcement cases. Members were asked and confirmed that they had not received the details of planning enforcement cases in their individual Wards.

Resolved:  That Members note the content of the report.

Reason:     To update Members on the number of outstanding

planning enforcement cases.

Any other business which the Chair considers urgent under the  Local Government Act 1972.